November 15, 2022 — The following was released by Responsible Offshore Development Alliance:
On November 8, 2022, the Responsible Offshore Development Alliance (RODA) filed a motion for summary judgment in its lawsuit over the approval of the Vineyard Wind 1 offshore wind energy project against the Bureau of Ocean Energy Management (BOEM) and other federal defendants in the U.S. District Court for the District of Massachusetts. RODA is represented by Marzulla Law, LLC.
The plaintiff, a national coalition of fishery-dependent businesses and associations, commenced the lawsuit last year after BOEM approved the project. This first commercial-scale offshore wind energy facility in federal waters, along with the dozens that are expected to follow in the near future, carry significant environmental uncertainty and pose severe threats to domestic seafood production. The government’s permitting process lacks meaningful opportunities to avoid, minimize, and mitigate these effects.
The motion establishes a clear record showing that the law and facts of the case are in fishermen’s favor and that the project approval was arbitrary, capricious, and contrary to law. The filings show that BOEM’s Record of Decision and its underlying environmental review are in direct contravention of several statutes including the Outer Continental Shelf Lands Act, National Environmental Policy Act, Clean Water Act, Endangered Species Act, Marine Mammal Protection Act, Merchant Marine Act, and Administrative Procedure Act.